Gym Membership Disputes
California Automatic Renewal Law Claims

Gym Auto-Renewed Without Your Permission? Get Your Money Back.

California's Automatic Renewal Law requires gyms to get your clear consent before auto-renewing. No proper disclosure? No affirmative consent? You're entitled to a full refund of all renewal charges.

Full Refund
If ARL Violated
B&P 17600-17606
Auto Renewal Law
Affirmative Consent
Required by Law

California Laws That Protect You

California has some of the strongest automatic renewal protections in the nation. Here are the key laws that give you leverage:

Business & Professions Code 17600-17606 - Automatic Renewal Law (ARL)
The ARL requires businesses to clearly disclose auto-renewal terms, obtain your affirmative consent before charging, provide written acknowledgment, and offer easy cancellation. Violations make the entire auto-renewal transaction void, entitling you to a full refund.
Civil Code 1812.80-1812.98 - Health Studio Services Contract Law
Specific protections for gym members including: 5-day right to cancel any new contract, maximum 3-year contract terms, required bond or trust for prepayments, and restrictions on how gyms can collect debts. Gyms violating these rules cannot enforce the contract.
B&P Code 17602 - Clear and Conspicuous Disclosure Requirements
Auto-renewal terms must be presented "clearly and conspicuously" - meaning in larger or contrasting type, or set off from surrounding text. Terms buried in fine print or lengthy contracts don't satisfy this requirement.
B&P Code 17603 - Affirmative Consent Requirement
You must affirmatively consent to the auto-renewal terms BEFORE being charged. This means actively checking a box, signing separately, or clicking specific agreement - not just signing the general contract. Pre-checked boxes don't count.
Civil Code 1812.91 - Gym Contract Maximum Terms
No gym contract in California can be longer than 3 years. Any contract purporting to bind you longer is void as to the excess period. Combined with ARL, this limits how gyms can lock you in.
!
Key Point: If They Didn't Follow the Rules, You Get Your Money Back
Under B&P 17604, if a gym fails to comply with ANY of the Automatic Renewal Law requirements, the goods/services provided are deemed an "unconditional gift" to you. You can keep any gym access you received AND demand a full refund of all auto-renewal charges.

Common Auto-Renewal Violations

Gyms frequently violate California's Automatic Renewal Law in these ways. If any apply to you, you have grounds for a refund:

No Clear Disclosure

Auto-renewal terms were buried in fine print, hidden in a lengthy contract, or not presented clearly and conspicuously before you signed up. The law requires these terms to stand out visually.

No Affirmative Consent

You never specifically agreed to auto-renewal. Signing the general membership agreement isn't enough - the gym must obtain separate, affirmative consent to the specific auto-renewal terms.

No Renewal Notice Sent

For contracts over 1 year or that auto-renew for terms over 1 month, gyms must send reminder notice 15-45 days before renewal. No notice = automatic right to cancel and refund.

Higher Rate Than Disclosed

You were auto-renewed at a rate higher than originally disclosed, or the gym changed the terms without proper notice and consent. You're entitled to the difference or full refund.

i
Multiple Violations = Stronger Claim
Many gyms violate multiple requirements. Document every violation - it strengthens your demand and may support additional remedies under California's Unfair Competition Law (B&P 17200).

$ What You Can Recover

California law provides strong remedies for automatic renewal violations:

Damage Type Amount When Available
Full Refund of All Auto-Renewal Charges 100% of renewal payments If gym failed to get proper consent or provide required disclosures
Difference Refund Amount overcharged If renewed at higher rate than disclosed
UCL Restitution (B&P 17200) Full disgorgement For unfair business practices - can include additional amounts
Contract Void Release from obligation If ARL requirements not met, entire auto-renewal is unenforceable

Typical Recovery Amounts

Scenario Typical Recovery
Monthly membership auto-renewed (1 year) $300 - $1,200
Annual membership auto-renewed without notice $400 - $800
Premium/boutique gym auto-renewal $1,200 - $3,600
Personal training package auto-renewed $500 - $5,000+
+
You Keep the Gym Access You Received
Under B&P 17604, if the gym violated the ARL, any services provided during the unauthorized renewal period are considered an "unconditional gift." You can demand a refund AND you're not required to pay for gym access you already used.

Demand Letter Template

Send this letter via certified mail with return receipt requested. Keep a copy for your records.

DEMAND FOR REFUND - AUTOMATIC RENEWAL LAW VIOLATION [Your Name] [Your Address] [City, CA ZIP] [Phone] [Email] [Date] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED [Gym Name] [Gym Address] [City, CA ZIP] Re: Demand for Refund - Unlawful Automatic Renewal Member Name: [Your Name] Membership Number: [If Known] Original Contract Date: [Date You Signed Up] Auto-Renewal Date: [Date You Were Auto-Renewed] Dear [Gym Name] Management: I am writing to demand a full refund of all charges related to the automatic renewal of my gym membership, which was processed in violation of California's Automatic Renewal Law (Business & Professions Code sections 17600-17606). BACKGROUND: On [Original Contract Date], I enrolled in a gym membership with [Gym Name]. On or about [Auto-Renewal Date], my membership was automatically renewed and my payment method was charged without proper compliance with California law. VIOLATIONS OF CALIFORNIA LAW: Your automatic renewal of my membership violated the Automatic Renewal Law in the following ways: [Check all that apply and customize:] [ ] You failed to present the automatic renewal terms "clearly and conspicuously" as required by B&P Code 17602(a)(1). The auto-renewal terms were buried in fine print / not visually distinct / hidden in a lengthy contract. [ ] You failed to obtain my "affirmative consent" to the automatic renewal terms as required by B&P Code 17602(a)(2). I was not asked to separately agree to auto-renewal - my general signature on the membership agreement does not constitute affirmative consent to automatic renewal. [ ] You failed to provide me with an acknowledgment that includes the automatic renewal terms, cancellation policy, and information on how to cancel, as required by B&P Code 17602(a)(3). [ ] You failed to provide a mechanism for cancellation that is "at least as easy" as the method I used to sign up, as required by B&P Code 17602(a)(4). [ ] You failed to send me the required advance notice 15-45 days before renewal as required for contracts that renew for terms over one month (B&P Code 17602(b)). [ ] You renewed my membership at a rate of $[Amount Charged]/month, which is higher than the $[Originally Disclosed Rate]/month that was disclosed at signup. LEGAL CONSEQUENCES: Under California Business & Professions Code section 17604, your failure to comply with the Automatic Renewal Law means that any goods or services provided to me as a result of the automatic renewal are deemed an "unconditional gift" to me. I am entitled to a full refund of all automatic renewal charges. Additionally, your conduct constitutes an unlawful business practice under California's Unfair Competition Law (B&P Code 17200), entitling me to restitution of all amounts paid. DAMAGES: Auto-renewal charges since [Date]: [Month/Year]: $[Amount] [Month/Year]: $[Amount] [Month/Year]: $[Amount] [Additional months as needed] TOTAL REFUND DEMANDED: $[Total Amount] DEMAND: I hereby demand that you: 1. Immediately refund $[Total Amount] to my original payment method or by check within fourteen (14) days; 2. Confirm in writing that my membership has been cancelled with no further charges; 3. Remove any collections activity or negative credit reporting related to this account. If I do not receive the requested refund within 14 days, I will: - File a complaint with the California Attorney General's Office - File a complaint with the Department of Consumer Affairs - Pursue my claims in Small Claims Court (up to $12,500) - Consider whether to seek remedies under California's Private Attorney General Act Please contact me at [Phone/Email] to confirm receipt and arrange the refund. Sincerely, _______________________________ [Your Signature] [Your Printed Name] Enclosures: - Copy of original membership contract/agreement - Billing statements showing auto-renewal charges - Any communications regarding renewal or cancellation - Evidence of lack of proper disclosure/consent (if available)

🖩 Gym Auto Renewal Damages Calculator

Use this interactive calculator to estimate potential damages in your case. Enter your information below to get an estimate of recoverable damages.

Actual money lost or spent
Additional losses caused by the issue

📈 Estimated Damages Breakdown

Direct Damages $0
Consequential Damages $0
Emotional Distress (Est.) $0
Statutory Penalties (Est.) $0
TOTAL ESTIMATED DAMAGES $0
Disclaimer: This calculator provides rough estimates for educational purposes only and does not constitute legal advice. Actual damages vary significantly based on specific facts, evidence strength, and many other factors. Consult with a qualified California attorney for an accurate case evaluation.

Evidence to Gather Before Sending

!
Request Your File from the Gym
Before sending your demand, visit the gym and ask for a complete copy of your membership file including all documents you signed. California law requires them to provide this. Compare what they give you to what you remember seeing at signup.

What Happens After You Send the Letter

Days 1-7: Gym Receives Letter

Corporate office typically reviews legal demands. Large chains have legal departments; smaller gyms may escalate to ownership.

Days 7-14: Initial Response

Most gyms respond within two weeks. They may offer partial refund, full refund, or deny the claim. Don't accept less than you're owed.

Day 14+: If No Resolution

File complaints with CA Attorney General and Department of Consumer Affairs. Prepare small claims court filing if needed.

Small Claims Court

California Small Claims handles claims up to $12,500. No lawyer needed. Gyms often settle once you file to avoid the hassle.

? Frequently Asked Questions

Is automatic renewal legal for gym memberships in California?
Yes, but only if the gym complies with California's Automatic Renewal Law (Business & Professions Code 17600-17606). The gym must: clearly and conspicuously disclose automatic renewal terms, obtain your affirmative consent before charging, provide an acknowledgment with renewal terms and cancellation procedures, and offer a cancellation method at least as easy as the signup method. If any requirement is missing, you're entitled to a full refund of all renewal charges.
What disclosures must gyms make about auto-renewal?
Under B&P Code 17602, gyms must disclose auto-renewal terms clearly and conspicuously before you sign up. Required disclosures include: that your membership will automatically renew, the renewal price (or how it's calculated), the length of the renewal term, how to cancel, and that cancellation must be accepted the same way you signed up. These terms cannot be buried in fine print or hidden in lengthy contracts.
Can I get a refund if the gym auto-renewed without proper notice?
Yes. If the gym failed to comply with California's Automatic Renewal Law - whether by not getting your affirmative consent, not providing clear disclosures, or not sending required advance notice - you can demand a full refund of all auto-renewal charges. The goods or services provided during the unauthorized renewal period are considered an unconditional gift to you under B&P Code 17604.
How must gyms obtain consent for automatic renewal?
Under B&P Code 17602(a)(2), gyms must obtain your affirmative consent to automatic renewal BEFORE charging you. This means you must take an affirmative action like checking a box, signing separately for renewal terms, or clicking an "I agree" button specifically for auto-renewal. Pre-checked boxes or consent buried in general terms don't count. The consent must be to the specific auto-renewal terms, not just the general membership agreement.
What notice must gyms give before auto-renewing?
For gym memberships with initial terms over one year, or that automatically renew for terms over one month, the gym must send you a reminder notice 15-45 days before renewal. This notice must remind you of the upcoming renewal, state the renewal terms and price, and explain how to cancel. For month-to-month memberships, notice isn't required, but all other ARL requirements still apply.
Can I cancel an auto-renewed membership immediately?
If the gym violated the Automatic Renewal Law, you can cancel immediately and demand a full refund. Even if the gym complied with ARL, California's Health Studio Services Contract Law (Civil Code 1812.80-1812.98) gives you additional rights: you can cancel within 5 days of signing any gym contract, and gyms cannot enforce contracts longer than 3 years. The gym must also provide a cancellation method at least as easy as the method you used to sign up.

Gym Refusing to Refund? I Can Help.

For larger claims or gyms that won't cooperate, I can assist with escalation, demand letters, and legal action if needed.

Contact: owner@terms.law

📅 Schedule a Consultation

For complex gym membership disputes or claims over $5,000, book a call to discuss your options.

📝 Create Your Demand Letter

Generate a professional demand letter, CA court complaint, or arbitration demand